DECISION ORDER
ORDERED that the appeal is dismissed, with costs to the respondent.
It is well settled that a litigant may not raise any issue on a subsequent appeal which was raised, or could have been raised, in an earlier appeal which was dismissed for lack of prosecution (see, Bray v. Cox, 38 N.Y.2d 350 ; TPZ Corp. v. Tsoukas, ___ A.D.2d ___ [2d Dept., Sept. 27, 1999]). Here, the New York City Transit Authority appealed from a prior order of the Supreme Court, Queens County, dated October 14, 1998, which granted the plaintiffs' motion for leave to amend their bill of particulars. That appeal (Appellate Division Docket No. 1998-10626) was dismissed by decision and order of this court dated October 20, 1999, for failure to prosecute. The dismissal for lack of prosecution bars the instant appeal which raises issues that could have been raised on the prior appeal (see, Rubeo v. National Grange Mut. Ins. Co., 93 N.Y.2d 750 ; Bray v. Cox, supra).
O'BRIEN, J.P., ALTMAN, FRIEDMANN, McGINITY, and SMITH, JJ., concur.